California Assembly Bill 2777, which took effect in 2023, created a one-year lookback window specifically for adult survivors of sexual assault whose civil claims were previously barred by the statute of limitations. The legislation was named the Sexual Abuse and Cover Up Accountability Act, and its title reflects the dual purpose it serves: providing survivors a path to civil recovery for the assault itself while also imposing accountability on organizations that concealed assault by their employees or members. The lookback window allowed survivors to file civil claims for assaults that had occurred at any point in their past, provided the claims were filed during the 2023 calendar year. That window has closed, but the framework it established and the ongoing limitations provisions that apply to recent and continuing harm remain available to survivors whose situations fall within them.
A California adult sexual assault lawyer evaluating a potential civil claim today analyzes which limitations framework applies to the specific survivor’s situation: whether the assault falls within the extended standard period, whether the discovery rule extends the claim based on when the survivor recognized the connection between the assault and their ongoing injuries, and whether an institutional defendant’s active concealment tolled the limitations period further.
Who AB 2777 Was Designed to Hold Accountable
The concealment provision at the center of AB 2777 targets the institutional behavior that allowed perpetrators to continue assaulting adults in professional, organizational, and religious settings. When an employer, a religious institution, a healthcare organization, or any other entity received credible information about sexual assault by one of its members and actively concealed that information to protect the perpetrator or the organization’s reputation, AB 2777 creates liability for both the assault and the cover-up. The concealment that triggers this provision includes suppressing complaints, failing to report to law enforcement when required by law, misrepresenting to the public that no complaint had been received, and quietly reassigning or separating accused perpetrators rather than taking protective action.
California’s Standard Civil Sexual Assault Limitations Framework
Outside the specific lookback window AB 2777 created, California’s ongoing civil limitations period for adult sexual assault claims is ten years from the date of the last act of assault or three years from the date the survivor discovered or reasonably should have discovered that a psychological injury was caused by the assault, whichever period is longer. This extended period, established by prior legislation and preserved under AB 2777, reflects the recognition that adult survivors often do not immediately connect their psychological symptoms to the assault that caused them. Survivors who experienced assault within the past ten years, or who have only recently connected their ongoing injuries to an assault that occurred earlier, may have claims that remain viable under this framework.
Damages Available to California Adult Survivors
California civil law allows adult sexual assault survivors to recover economic damages covering the cost of therapy, medical treatment, and lost earning capacity. Non-economic damages compensate for pain and suffering, emotional distress, and the lasting impact on the survivor’s intimate relationships and quality of life. When an institutional defendant concealed the assault under the circumstances AB 2777 addresses, the damages available may include a punitive component that reflects the deliberate nature of the concealment. California does not cap compensatory damages in these cases, which means the damages presentation can reflect the full scope of what the assault has cost the survivor across their lifetime.
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The Relationship Between Civil and Criminal Proceedings in California
California civil sexual assault claims proceed entirely independently of the criminal system. A civil claim can be filed whether or not criminal charges were brought, whether or not a criminal conviction was obtained, and whether or not the criminal case is still pending. The civil standard of proof, preponderance of the evidence, is lower than the criminal standard, and the civil discovery process gives survivors access to institutional records, internal communications, and complaint histories that the criminal investigation may never have reached. The California Legislative Information page for Code of Civil Procedure Section 340.16 sets out the complete current framework for adult sexual assault civil claims in California, including the standard limitations period, the discovery rule provisions, and the specific requirements of AB 2777’s concealment accountability provisions.
